Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Nihoul, Paul --- "Do Words Matter? A Discussion on Words used to Designate Values Associated with Competition Law" [2012] ELECD 412; in Zimmer, Daniel (ed), "The Goals of Competition Law" (Edward Elgar Publishing, 2012)

Book Title: The Goals of Competition Law

Editor(s): Zimmer, Daniel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857936608

Section: Chapter 12

Section Title: Do Words Matter? A Discussion on Words used to Designate Values Associated with Competition Law

Author(s): Nihoul, Paul

Number of pages: 30

Extract:

12. Do words matter? A discussion
on words used to designate values
associated with competition law
Paul Nihoul* 6




In this volume, we are discussing values. Among these values, some are
attached to the rules of competition currently in force. Others could be
regarded as possible or even desirable principles for future competition
policies.
To designate these values, we use words.
The issue raised in this chapter is whether, and to what extent, these
words are `neutral': do they merely act as transparent conducts referring
to the values they are supposed to name or do they do more ­ and if so,
what?
The chapter is structured as follows. First, we discuss difficulties
inherent to a language-related analysis of the type envisaged here.
Second, we expose the method proposed to develop the investigation.
Third, we analyse three words which, in our perception, play a central
role in the communication of the European Commission as regards
competition. In the conclusion, we identify features emerging from the
discussion.
Before starting the chapter, it should be emphasized that the investi-
gation set forth here is ongoing. In many respects, it has the nature of
a research programme. I am grateful to Ascola for the opportunity to
discuss the results attained so far and remain aware that more ­ much
more ­ needs to be done.



* Professor of Law at the University of Louvain, Louvain-la-Neuve,
Belgium, and the University of Groningen, The Netherlands. Licence in
Philosophy and Letters (Louvain). Master in Law (idem). LLM ( ...